Thevenot ex rel. Estate of Thevenot v. Commercial Travelers Mutual Accident Ass'n of America

Brailsford, Justice.

Plaintiff was tried for the murder of her husband and acquitted. Thereupon, she brought this action against the *237defendant insurance company on a policy insuring him against accidental death, of which she was beneficiary.

The defendant’s answer to the complaint alleged that the insured’s death was a foreseeable consequence of his own conduct, and therefore not accidental within the meaning of the insurance contract. Plaintiff moved for summary judgment, accompanying the motion with an affidavit of her counsel asserting that certain documents attached thereto “fairly stated…